B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).
The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the...Read more »
There is not typically a form to complete. The statute describing the process is at Section 2107.07 of the Ohio Revised Code. That being said, I don't practice in Morrow County and they may have something for you to complete. Your best option is to call the probate court and ask. The...Read more »
When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,...Read more »
Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately
A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the...Read more »
Open the estate in Florida. You will need a certified triple seal copy of the proceeding and appointment as executor/personal representative. You then file a foreign personal representative petition to set inheritance tax (there won’t be any if spouse or lineal heirs like children will inherit)...Read more »
Her will stipulates that if any of her children passes away before the final distribution is made, that child's share is divided among the remaining living beneficiaries. Is it possible to put a provision in my will so that if I die before the final distribution is made, my share will go to my... Read more »
I'm from Illinois. I was named in my fathers will. There is also a trust attached to the will. I am estranged from my family so simply asking the executor is out of the question. I was never notified of the will being filed in probate (I found out doing a probate search online). My question is... Read more »
Being named in a will does not necessarily mean that you will inherit from the will. I doubt that the attorney who drafted the will is going to answer your questions. If the decedent's estate plan included a trust, it is very unlikely that the probate attorney will be of much help unless...Read more »
he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »
Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your...Read more »
When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... Read more »
A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner...Read more »
Father left house to one of his kids and lifetime residence to spouse via a will to avoid probate. Assets on the property were not addressed in the will. Lawyer said assets do not belong to the child who inherited the house and should be divided amongst spouse and other children. Is this correct?
If the Will is not probated, it has no effect. And the purported Will probably does address both real and personal property. Without the Will being probated, the Heirs At Law own the real property and the Next of Kin (same as heirs) own the personal property. With no Will, the Heirs are all...Read more »
Living Trusts are not filed. You may do so if you choose, but most folks do not file (record) them but instead keep them private. Should you choose to record it, it is done as your local County Recorder's Office, where deeds are recorded.
My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »
It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney...Read more »
The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them.... Read more »
One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the...Read more »
My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are... Read more »
Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the...Read more »
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